Vermont restaurant server employment contract template

Vermont Restaurant Server Employment Agreement

This Full-time Restaurant Server Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between:

• [Restaurant Name], a [Business Type, e.g., Vermont Corporation], with its principal place of business at [Restaurant Address] (“Employer”), and
• [Employee Name], residing at [Employee Address] (“Employee”).

1. Position:

• The Employer hires the Employee as a Full-time Restaurant Server.
• Role Description:
• Option A: Greeting guests and taking food and beverage orders.
• Option B: Server-side preparation tasks (e.g., stocking server stations).
• Option C: Delivering food and beverage orders to guests in a timely manner.
• Option D: Upselling specials, including Vermont-specific products like local craft beers and ciders.
• Option E: Processing payments (cash, credit cards) and handling transactions accurately.
• Option F: Maintaining a clean and organized dining area.
• Option G: Performing assigned side work tasks.
• Option H: Complying with Vermont Department of Health food safety regulations.
• Option I: Assisting with off-site catering events as required.
• Transportation requirements to off-site events: [Describe Transportation Requirements].

2. Work Location:

• Option A: The primary work location is at [Restaurant Address].
• Option B: The Employee may be required to work at multiple restaurant locations as directed by the Employer. These locations include: [List of Locations].

3. Work Schedule:

• Employment is full-time, with a minimum of [Number] hours and a maximum of [Number] hours per week, subject to Vermont law.
• The Employee’s work schedule will be [Describe Work Schedule, e.g., set shifts, rotating shifts].
• Break and meal periods will be provided in accordance with Vermont wage and hour laws.
• Policies on shift scheduling, shift swaps, and mandatory meetings: [Outline Policies].

4. Compensation:

• Hourly base wage: [Dollar Amount] per hour. This wage is no less than the Vermont minimum wage and, if applicable, any local living wage ordinance.
• Tip credit: The Employer utilizes the Vermont tip credit.
• Tip Pooling/Sharing:
• Option A: Tips are not pooled or shared.
• Option B: Tips are pooled/shared according to the following structure: [Describe Tip Pooling/Sharing Structure]. All tip distribution records will be maintained.
• Tip Reporting: The Employee is responsible for accurately reporting all tips received, in compliance with IRS and Vermont Department of Taxes requirements. Procedures for tip reporting: [Describe Tip Reporting Procedures].
• Overtime: The Employee will be paid overtime at 1.5 times their standard hourly wage for all hours worked over 40 in a workweek, in accordance with Vermont and federal law. Overtime must be pre-approved by [Job Title].

5. Payment:

• Option A: Payment will be made via direct deposit to the following account: [Bank Name], [Account Number], [Routing Number].
• Option B: Payment will be made via pay card. [Describe Pay Card Details].
• Pay frequency: [Frequency, e.g., Weekly, Bi-weekly].
• Procedures for payment of tips: [Describe Procedures, e.g., Cash, Included in paycheck].
• Final Pay: Upon separation of employment, the Employee will receive their final paycheck in accordance with Vermont statutory guidelines.

6. Benefits:

• Vermont-Compliant Paid Sick Leave: The Employee will accrue and use paid sick leave in accordance with Vermont’s Earned Sick Time law.
• Health and Dental Insurance:
• Option A: The Employer offers health and dental insurance. Details will be provided separately.
• Option B: The Employer does not offer health and dental insurance.
• Meal Allowances/Discounts: The Employee is entitled to [Describe Meal Allowances/Discounts].
• Uniform/Dress Code Stipends: The Employee will receive a stipend of [Dollar Amount] per [Time Period] for uniform or dress code expenses.
• Retirement/401(k) Plan:
• Option A: The Employer offers a retirement/401(k) plan. Details will be provided separately.
• Option B: The Employer does not offer a retirement/401(k) plan.
• Other Benefits: [Describe any other benefits, e.g., Transportation stipends].

7. Training and Certifications:

• Required Onboarding Training:
• Vermont Public Health Food Handling Certification
• Vermont Alcohol Service Certification (e.g., DLC TIPS or ServSafe)
• Other training: [List Other Training Requirements]
• Regular Retraining: The Employee is required to participate in regular retraining sessions as determined by the Employer.
• Responsibility for securing/renewing certifications: [Specify which party bears cost responsibility for initial certifications or renewals].

8. Cash Handling and Liquor Law Compliance:

• Cash Handling: The Employee is responsible for accurately handling cash and credit card transactions and adhering to the Employer's cash handling procedures. [Describe Cash Handling Procedures].
• Vermont Liquor Law Compliance: The Employee must comply with all Vermont liquor laws, including ID verification protocols, refusal of service to intoxicated individuals, and safe alcohol service practices.
• Adherence to all state/municipal laws regarding food safety, allergy awareness, and workplace safety, including Vermont Occupational Safety & Health Administration standards.

9. Reporting Structure:

• The Employee will report to [Job Title] (e.g., Supervisor, Shift Lead, Manager).
• Procedures for reporting workplace issues: [Describe Reporting Procedures].
• The Employee is expected to attend and participate in regular team meetings or briefings.

10. Uniform and Personal Appearance:

• The Employee is required to wear the prescribed uniform: [Describe Uniform].
• Personal appearance and grooming standards: [Describe Standards].
• Cleaning/hygiene practices as mandated by Vermont health regulations.

11. Anti-Harassment, Anti-Discrimination, and Workplace Safety:

• The Employer maintains a strict anti-harassment, anti-discrimination, and workplace safety policy, complying with all applicable Vermont laws. This includes protections based on [List Protected Categories].
• Vermont Human Rights Commission complaint procedures: [Provide Information or Link to Procedures].
• Required postings and written notices regarding anti-discrimination, harassment, and workplace safety are prominently displayed.

12. Substance Abuse Policy:

• The Employer maintains a substance abuse policy appropriate for the restaurant industry, addressing Vermont’s marijuana legalization laws. [Describe Policy, including rules on outside use, drug testing, and on-duty use].
• The Employer has a zero-tolerance policy for alcohol/drug use while on duty.

13. Use of Employer Property:

• The Employee is responsible for the proper use and care of all Employer property, including POS terminals, tablets, and credit card processors.
• The Employee may be held responsible for breakage or loss of Employer property due to negligence. [Specify the conditions].

14. Staff Meals, Breaks, and Clocking In/Out:

• Rules for staff meals and breaks: [Describe Rules].
• Procedures for clocking in and out: [Describe Procedures].
• Expectations for “side work” and documentation of hours, in compliance with wage and hour laws.

15. Disciplinary Procedures:

• The Employer follows a progressive disciplinary procedure, which may include verbal warnings, written warnings, suspension, and termination.
• The Employee has the right to respond to any disciplinary action.
• Grounds for immediate dismissal: [List Grounds for Immediate Dismissal, e.g., Theft, Harassment, Gross Misconduct].

16. Termination of Employment:

• Voluntary Resignation: The Employee is required to provide [Number] weeks' notice of resignation.
• Employer-Initiated Termination: The Employer may terminate the Employee's employment with or without cause, subject to applicable Vermont law.
• Procedures for returning uniforms/property: [Describe Procedures].

17. Intellectual Property/Confidentiality:

• The Employee agrees to protect customer data (e.g., credit card information) and maintain the confidentiality of proprietary recipes and business information.
• The Employee is prohibited from sharing sensitive business details outside the workplace.

18. Non-Compete/Non-Solicitation:

• [Option A: No Non-Compete/Non-Solicitation Clause]
• [Option B: Non-Compete/Non-Solicitation Clause: Consult Vermont legal counsel to ensure clause is compliant with Vermont Law.]

19. At-Will Employment:

• The Employee’s employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable statutory exceptions under Vermont law.

20. Dispute Resolution:

• The Employer encourages internal resolution of workplace disputes. Mediation or arbitration may be considered prior to formal litigation.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont.

21. Workers’ Compensation:

• The Employee is covered by the Employer’s workers’ compensation insurance, as required under Vermont law.
• The Employee is responsible for reporting any workplace injuries to [Job Title] immediately.

22. Compliance with Posting and Notice Requirements:

• The Employer complies with all posting and notice requirements as detailed by the Vermont Department of Labor and Department of Health for restaurants.

23. Entire Agreement:

• This Agreement constitutes the entire agreement between the Employer and the Employee relating to the Employee’s employment and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Restaurant Representative Name]

[Restaurant Representative Title]

For [Restaurant Name]

____________________________

[Employee Name]

Employee